The rule of law, betrayal and reparation

Havemann, Paul (2010) The rule of law, betrayal and reparation. In: Berg, Shaun, (ed.) Coming to Terms: Aboriginal Title in South Australia. Wakefield Press, Kent Town, SA, Australia, pp. 122-147.

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Abstract

This chapter first locates the fine promises given in the South Australian Letters Patents to respect the rights of Aborigines in the context of five centuries of European ambivalence towards the rights of indigenous people(s)- the rhetoric, the reality and its rationalisation. These types of promises to recognise indigenous individual and international legal personality abound from the fifteenth century on. Instead of respect for the rule of law and the principle of pacta sunt servanda (that is, that agreements must be honoured) the reality for indigenous people worldwide has been denial, repudiation or trivialisation o[these norms in the name of progressing colonial projects.

The chapter examines unique aspects of the Australian rhetoric and South Australia's contradictory history. It explores what has been done and what remains to be done towards reconciliation. Steps in a process for reconciliation and peace building, premised on distributing justice, are suggested.

Item ID: 8718
Item Type: Book Chapter (Research - B1)
Keywords: indigenous people's rights; human rights; land law
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ISBN: 978 1 86254867 1
Date Deposited: 20 Sep 2010 01:40
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%
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